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In re Hoisington

Movant creditor sought relief from stay in connection with its interest in a vehicle. Specifically, the creditor asked the court to allow it to proceed against the property as permitted by 11 U.S.C.S. § 362(h)(1)(A). Debtors, seeking to retain the vehicle, opposed the motion.
Ruling: 
Relief from stay to proceed against interest in motor vehicle not necessary where stay had terminated due to debtor's failure to surrender, redeem or reaffirm.
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Consumer case opionion summary, case decided on January 30,2008, LexisNexis #0208-109

In re Chim

Chapter 7 debtor filed a motion to approve a reaffirmation agreement with a lender pursuant to 11 U.S.C.S. § 524(c).
Ruling: 
Court declined to approve reaffirmation agreement due to presumption of undue hardship.
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Consumer case opionion summary, case decided on January 25,2008, LexisNexis #0208-117

Dunnam v. Sportsstuff Inc.

In a product liability case between diverse parties, defendant recreational marine products manufacturer filed for chapter 11 bankruptcy protection, which, pursuant to 11 U.S.C. § 362(a)(1), automatically stayed proceedings as to it. The matter was before the federal district court on defendant retailer's motion to stay proceedings.
Ruling: 
Products liability stayed against third-party defendant due to indemnity agreement with debtor.
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Commercial case opionion summary, case decided on January 23,2008, LexisNexis #0208-076

In re Brown

An attorney for bankruptcy debtors applied for an award of fees for work performed by the attorney in defending against a motion for relief from the bankruptcy stay filed by a mortgage creditor of the debtors. The bankruptcy trustee objected to the fee application on the ground that the requested fee amount was excessive.
Ruling: 
Attorneys' fees calculated by loadstar method awarded in reduced amount where representation was routine aside from stay litigation that conferred little benefit on the estate.
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Consumer case opionion summary, case decided on January 22,2008, LexisNexis #0208-140

In re Corner Pocket Billiards Inc.

Creditor moved for relief from the stay of 11 U.S.C. § 362(a) in order to continue state court litigation to resolve a wrongful death claim. The debtor objected, stating that the requested relief was premature until the state courts finalized the settlement issue. However, at the same time, the debtor asked the bankruptcy court to enforce the settlement agreement. Such a decision would have established the amount of the wrongful death claim.
Ruling: 
Relief from stay granted to allow creditor to resolve wrongful death claim.
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Commercial case opionion summary, case decided on January 17,2008, LexisNexis #0208-132

In re Ayres-Haley

A debtor filed a petition under chapter 13 of the Bankruptcy Code and a plan for repaying her creditors. The court approved the debtor's plan and the chapter 13 trustee paid the debtor's creditors. Two months after the trustee filed his report of completion of plan payments, a creditor filed a proof of claim, asserting an unsecured deficiency claim in the amount of $11,579. The trustee filed an objection to the creditor's claim.
Ruling: 
Creditor's amended claim filed five months after bar date, and two months after plan completion and discharge, disallowed as untimely.
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Consumer case opionion summary, case decided on January 16,2008, LexisNexis #0208-127

In re Bowen

A trustee objected to confirmation of a debtor's chapter 13 plan based on a lack of good faith in filing the petition under 11 U.S.C. § 1325(a)(7).
Ruling: 
Filing of three cases within one year causing delays to creditors indicated bad faith on the part of debtor.
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Consumer case opionion summary, case decided on January 09,2008, LexisNexis #0108-129

Ferguson v. Fisher (In re Fisher)

Plaintiff trustee filed an adversary complaint for a revocation of defendant debtors'discharge in a Chapter 7 bankruptcy case, pursuant to 11 U.S.C. § 727(d)(2).
Ruling: 
Debtor's discharge revoked due to failure to turn over stock but discharge of spouse who did not own or control stock not revoked.
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Consumer case opionion summary, case decided on January 07,2008, LexisNexis #0208-100

In re Shea

The debtor filed motion for waiver, based on exigent circumstances, of the requirement for prepetition credit counseling.
Ruling: 
Credit counseling requirement could not be waived despite exigent circumstances absent evidence of efforts, and inability, to obtain,counseling.
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Consumer case opionion summary, case decided on January 07,2008, LexisNexis #0208-072

In re Greebelt CT Imaging Ctr. LLC

A debtor filed for relief under chapter 11 of the Bankruptcy Code. The debtor filed an application for an order authorizing retention of an accounting firm as the debtor's accountant nunc pro tunc. A U.S. trustee and the debtor's principal secured creditor opposed the application.
Ruling: 
Debtor could not retain accounting firm that had potentially adverse interests to the estate.
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Commercial case opionion summary, case decided on January 03,2008, LexisNexis #0208-073

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